As I recently reported, the US Justice Department has begun questioning the long held interpretation of the landmark US Supreme Court decision in Olmstead v. L.C. Now, governors push back on Olmstead, refusing to let that retreat go unanswered. In Olmstead, the Supreme Court held that states are required to provide community-based services for people with mental disabilities. However, a recent Justice Department memo stated that neither the Americans with Disabilities Act nor Section 504 of the Rehabilitation Act require states to provide integrated community-based settings for disabled individuals. The Justice Department has also changed its position in a number of pending cases.

Disability rights advocates are fearful that decades of progress will be reversed. Individuals with disabilities could be returned to more restrictive settings. Thankfully, governors in 18 states are pushing back. In a letter organized by New York Governor Kathy Hochul, the governors called on the Justice Department to abandon efforts to weaken the rights of the disabled to access services in their communities.

The letter states that “[w]e simply cannot risk reversing the progress this county has made in ensuring Americans with disabilities have meaningful choices about where and how they live their lives.”

This issue is critical for disabled individuals and their families. I have assisted many clients in finding the most appropriate community-based settings in which to live and daily programs for recreation and work.

If you have questions or need help regarding services for your loved one I am here to help.

Give me a call at (914) 725-7070.